Common use of Currency of Account and Payment Clause in Contracts

Currency of Account and Payment. 22.1 The dollar is the currency of account and payment for each and every sum at any time due from either of the Obligors hereunder Provided that: (i) each repayment of an Advance or a part thereof shall be made in the currency in which such Advance is denominated at the time of that repayment; (ii) each payment of interest shall be made in the currency in which the sum in respect of which such interest is payable is denominated; (iii) each payment in respect of costs and expenses shall be made in the currency in which the same were incurred; (iv) each payment pursuant to Clause 11.2 or Clause 13.1 shall be made in the currency specified by the party claiming thereunder; and (v) any amount expressed to be payable in a currency other than dollars shall be paid in that other currency. 22.2 If the Agent at any time determines (after consultation with the Reference Banks and the Banks) that: (i) for reasons affecting the market in ECU generally, ECU are not freely available in the International Interbank Market; (ii) the ECU has ceased to be utilised as the basic accounting unit of the European Union; (iii) the ECU has ceased to be used in the European Monetary System; or (iv) it is illegal, impossible or impracticable for payments to be made hereunder in ECU, then the Agent may, in its discretion, but after consultation with the Borrower and the Banks, declare (such declaration to be binding on all the parties hereto) that the repayment of any Advance denominated in ECU and any payment of interest thereon that is due and unpaid at the time of, or becomes due after, such declaration shall be made in a specified component currency, in which case the amount so to be paid in such component currency shall be computed on the basis of the equivalent of the ECU in such component currency determined in accordance with the provisions of the Fifth Schedule. 22.3 If any sum due from either of the Obligors under this Agreement or any order or judgment given or made in relation hereto has to be converted from the currency (the "first currency') in which the same is payable hereunder or under such order or judgment into another currency (the "second currency") for the purpose of (i) making or filing a claim or proof against such Obligor, (ii) obtaining an order or judgment in any court or other tribunal or (iii) enforcing any order or judgment given or made in relation hereto, the Borrower shall indemnify and hold harmless each of the persons to whom such sum is due from and against any loss suffered as a result of any discrepancy between (a) the rate of exchange used for such purpose to convert the sum in question from the first currency into the second currency and (b) the rate or rates of exchange at which such person may in the ordinary course of business purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proof.

Currency of Account and Payment. 22.1 The dollar 26.1 Euro is the currency of account and payment for each and every sum at any time due from either any of the Obligors hereunder Provided under this Agreement provided that: (i) 26.1.1 each repayment of an Advance or Unpaid Sum or a part thereof shall be made in the currency in which such Advance or Unpaid Sum is denominated at the time of that repayment; (ii) 26.1.2 each payment of interest shall be made in the currency in which the sum in respect of which such interest is payable is denominated; (iii) 26.1.3 each payment in respect of costs and expenses shall be made in the currency in which the same were incurred; (iv) 26.1.4 each payment pursuant to Clauses 13.1 or 13.2 of Clause 11.2 or Clause 13.1 13 (Increased Costs) shall be made in the currency specified by the party claiming thereunder; and (v) 26.1.5 any amount expressed to be payable in a currency other than dollars euro shall be paid in that other currency. 22.2 . If after the Agent at date of this Agreement a member state becomes a Participating Member State, all obligations under this Agreement (including any time determines obligation in respect of the Bank’s Available Commitment) to make a payment in its national currency unit shall be redenominated into the euro unit on the date on which it becomes a Participating Member State (after consultation but otherwise in accordance with the Reference Banks and the Banks) that: (i) for reasons affecting the market in ECU generally, ECU are not freely available in the International Interbank Market; (ii) the ECU has ceased to be utilised as the basic accounting unit legislation of the European Union; (iii) the ECU has ceased Union relating to be used in the European Monetary System; or (iv) it is illegal, impossible or impracticable for payments to be made hereunder in ECU, then the Agent may, in its discretion, but after consultation with the Borrower and the Banks, declare (such declaration to be binding on all the parties hereto) that the repayment of any Advance denominated in ECU and any payment of interest thereon that is due and unpaid at the time of, or becomes due after, such declaration shall be made in a specified component currency, in which case the amount so to be paid in such component currency shall be computed on the basis of the equivalent of the ECU in such component currency determined in accordance with the provisions of the Fifth ScheduleEMU). 22.3 26.2 If any sum due from either of the Obligors an Obligor under this Agreement or any order or order, judgment given or made in relation hereto (a “Sum”) has to be converted from the currency (the "first currency'“First Currency”) in which the same such Sum is payable hereunder or under such order or judgment into another currency (the "second currency"“Second Currency”) for the purpose of (i) of: 26.2.1 making or filing a claim or proof against such Obligor; 26.2.2 obtaining or enforcing an order, (ii) obtaining an order or judgment in any court or other tribunal or (iii) enforcing any order or judgment given or made in relation heretotribunal, the Borrower such Obligor shall indemnify and hold harmless each of the persons Bank to whom such sum Sum is due from and against any loss suffered or incurred as a result of any discrepancy between (a) the rate of exchange used for such purpose to convert the sum in question such Sum from the first currency First Currency into the second currency Second Currency and (b) the rate or rates of exchange at which such person may available to the Bank in the ordinary course of business purchase at the first currency with the second currency upon time of receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proofSum.

Currency of Account and Payment. 22.1 19.1 CURRENCY OF ACCOUNT The dollar is the currency of account and payment for each and every sum at any time due from either any of the Obligors hereunder Provided that: (i) 19.1.1 each repayment of an Advance or a part thereof shall be made in the currency in which such Advance is denominated at the time of that repayment; (ii) 19.1.2 each payment of interest shall be made in the currency in which the sum in respect of which such interest is payable is denominated; (iii) 19.1.3 each payment in respect of costs and expenses shall be made in the currency in which the same were incurred; (iv) 19.1.4 each payment pursuant to Clause 11.2 9.2 (Tax Indemnity) or Clause 13.1 11.1 (Increased Costs) shall be made in the currency in which such cost is incurred as specified by the party claiming thereunder; and (v) 19.1.5 any amount expressed to be payable in a currency other than dollars shall be paid in that other currency. 22.2 If the Agent at any time determines (after consultation with the Reference Banks and the Banks) that: (i) for reasons affecting the market in ECU generally, ECU are not freely available in the International Interbank Market; (ii) the ECU has ceased to be utilised as the basic accounting unit of the European Union; (iii) the ECU has ceased to be used in the European Monetary System; or (iv) it is illegal, impossible or impracticable for payments to be made hereunder in ECU, then the Agent may, in its discretion, but after consultation with the Borrower and the Banks, declare (such declaration to be binding on all the parties hereto) that the repayment of any Advance denominated in ECU and any payment of interest thereon that is due and unpaid at the time of, or becomes due after, such declaration shall be made in a specified component currency, in which case the amount so to be paid in such component currency shall be computed on the basis of the equivalent of the ECU in such component currency determined in accordance with the provisions of the Fifth Schedule. 22.3 19.2 CURRENCY INDEMNITY If any sum due from either any of the Obligors under this Agreement or any order or judgment given or made in relation hereto has to be converted from the currency (the "first currency'FIRST CURRENCY") in which the same is payable hereunder or under such order or judgment into another currency (the "second currencySECOND CURRENCY") for the purpose of (ia) making or filing a claim or proof against such Obligor, (iib) obtaining an order or judgment in any court or other tribunal or (iiic) enforcing any order or judgment given or made in relation hereto, the Borrower such Obligor shall indemnify and hold harmless each of the persons Banks and the Agent to whom such sum is due from and against any loss suffered or incurred as a result of any discrepancy between (ai) the rate of exchange used for such purpose to convert the sum in question from the first currency into the second currency and (bii) the rate or rates of exchange at which such person Bank or the Agent (as the case may be) may in the ordinary course of business (and acting reasonably) purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proofproof Provided that, where any such discrepancy results in any of the Banks and the Agent receiving an amount greater than the sum converted for the purposes referred to in this Clause, the Banks and the Agent shall at the cost and expense of the Guarantor pay an amount equal to such excess to the relevant Obligor provided further that the amount to be paid by the relevant Bank or Agent shall not exceed an amount which would leave such Bank or Agent in no worse position than if such conversion had not been made.

Currency of Account and Payment. 22.1 The dollar 30.1 Sterling is the currency of account and payment for each and every sum at any time due from either any of the Obligors hereunder Borrowers under the Finance Documents Provided that: (i) each repayment of an Advance or a part thereof shall be made in the currency in which such Advance is denominated at the time of that repayment; (ii) each payment of interest shall be made in the currency in which the sum in respect of which such interest is payable is denominated; (iii) each payment in respect of costs and expenses shall be made in the currency in which the same were incurred; (iv) each payment pursuant to Clause 11.2 17.8 or Clause 13.1 19.1 shall be made in the currency specified in which the relevant loss, cost, reduction, increased cost or liability (as the case may be) was suffered or incurred by the party claiming thereunderBank; and (v) any amount expressed to be payable in a currency other than dollars sterling shall be paid in that other currency. 22.2 If the Agent at any time determines (after consultation with the Reference Banks and the Banks) that: (i) for reasons affecting the market in ECU generally, ECU are not freely available in the International Interbank Market; (ii) the ECU has ceased to be utilised as the basic accounting unit of the European Union; (iii) the ECU has ceased to be used in the European Monetary System; or (iv) it is illegal, impossible or impracticable for payments to be made hereunder in ECU, then the Agent may, in its discretion, but after consultation with the Borrower and the Banks, declare (such declaration to be binding on all the parties hereto) that the repayment of any Advance denominated in ECU and any payment of interest thereon that is due and unpaid at the time of, or becomes due after, such declaration shall be made in a specified component currency, in which case the amount so to be paid in such component currency shall be computed on the basis of the equivalent of the ECU in such component currency determined in accordance with the provisions of the Fifth Schedule. 22.3 30.2 If any sum due from either any of the Obligors Borrowers under this Agreement the Finance Documents or any order or judgment given or made in relation hereto thereto has to be converted from the currency (the "first currency'FIRST CURRENCY") in which the same is payable hereunder thereunder or under such order or judgment into another currency (the "second currencySECOND CURRENCY") for the purpose of (i) making or filing a claim or proof against such ObligorBorrower, (ii) obtaining an order or judgment in any court or other tribunal or (iii) enforcing any order or judgment given or made in relation heretothereto, the Borrower PLC shall indemnify and hold harmless each of the persons to whom such sum is due from and against any loss suffered as a result of any discrepancy between (a) the rate of exchange used for such purpose to convert the sum in question from the first currency into the second currency and (b) the rate or rates of exchange at which such person may in the ordinary course of business purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proof.

Currency of Account and Payment. 22.1 28.1 The dollar is the currency of account and payment for each and every sum at any time due from either of the Obligors hereunder Provided an Obligor hereunder, provided that: (i) 28.1.1 each repayment of an Advance or Unpaid Sum or a part thereof shall be made in the currency in which such Advance or Unpaid Sum is denominated at the time of that repayment; 28.1.2 each payment in respect of a Letter of Credit (iiincluding any Cash Collateral in respect of a Letter of Credit) shall be made in the currency in which such Letter of Credit is denominated; 28.1.3 each payment of interest shall be made in the currency in which the sum in respect of which such interest is payable is denominated; (iii) 28.1.4 each payment in respect of costs and expenses shall be made in the currency in which the same were incurred; (iv) 28.1.5 each payment pursuant to Clause 11.2 14.1 (Increased Costs) or Clause 13.1 25.1 (Guarantee and Indemnity of the Parent) shall be made in the currency specified by the party claiming thereunderBank; and (v) 28.1.6 any amount expressed to be payable in a currency other than dollars shall be paid in that other currency. 22.2 If 28.2 The Bank may (acting reasonably) amend this Agreement to the Agent extent that it considers to be required in order to reflect the circumstances set out below if any of the following events occur: 28.2.1 any currency in which any of the obligations under the Facility and this Agreement are denominated from time to time is changed or replaced at any time determines (after consultation with the Reference Banks and the Banks) that: (i) for reasons affecting the market in ECU generally, ECU are not freely available in the International Interbank Market; (ii) the ECU has ceased to be utilised as the basic accounting unit date of the European Union; (iii) the ECU has ceased to be used in the European Monetary System; or (iv) it is illegal, impossible or impracticable for payments to be made hereunder in ECU, then the Agent may, in its discretion, but after consultation with the Borrower and the Banks, declare (such declaration to be binding on all the parties hereto) that the repayment of any Advance denominated in ECU and any payment of interest thereon that is due and unpaid at the time of, or becomes due after, such declaration shall be made in a specified component currency, in which case the amount so to be paid in such component currency shall be computed on the basis of the equivalent of the ECU in such component currency determined in accordance with the provisions of the Fifth Schedule. 22.3 If any sum due from either of the Obligors under this Agreement or any order or judgment given or made in relation hereto has to be converted from the currency (the "first currency') in which the same is payable hereunder or under such order or judgment into another currency (the "second currency") for the purpose of (i) making or filing a claim or proof against such Obligor, (ii) obtaining an order or judgment in any court or other tribunal or (iii) enforcing any order or judgment given or made in relation hereto, the Borrower shall indemnify and hold harmless each of the persons to whom such sum is due from and against any loss suffered whether as a result of the introduction of, changeover to or operation of a single or unified European currency or otherwise); and/or 28.2.2 any discrepancy between price source for the euro or the national currency of any member state is eliminated or replaced; and/or 28.2.3 any market conventions relating to the fixing and/or calculation of interest are changed or replaced. 28.3 If after the date of this Agreement a member state becomes a Subsequent Participant, all obligations under this Agreement (aincluding any obligation in respect of any Bank's Available Facility) the rate of exchange used for such purpose to convert the sum make a payment in question from the first its national currency unit shall be redenominated into the second currency and euro unit on the date on which it becomes a Subsequent Participant (b) the rate or rates of exchange at which such person may but otherwise in the ordinary course of business purchase the first currency accordance with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proofEMU Legislation).

Currency of Account and Payment. 22.1 23.1 The dollar euro is the currency of account and payment for each and every sum at any time due from either of the Obligors each Obligor hereunder Provided thatPROVIDED THAT: (i) 23.1.1 each repayment of an Advance Unpaid Sum or a part thereof shall be made in the currency in which such Advance Unpaid Sum is denominated at the time of that repayment; 23.1.2 each payment in respect of costs and expenses shall be made in the currency in which the same were incurred; 23.1.3 each payment pursuant to Clause 12.2 (iiTAX INDEMNITY), Clause 14.1 (INCREASED COSTS) or Clause 22.5 (BORROWER'S INDEMNITY) shall be made in the currency specified by the party claiming thereunder; 23.1.4 each payment of interest shall be made in the currency in which the sum in respect of which such interest is payable is denominated; (iii) each payment in respect of costs and expenses shall be made in the currency in which the same were incurred; (iv) each payment pursuant to Clause 11.2 or Clause 13.1 shall be made in the currency specified by the party claiming thereunder; and (v) 23.1.5 any amount expressed to be payable in a currency other than dollars euro shall be paid in that other currency. 22.2 If the Agent at any time determines (after consultation with the Reference Banks and the Banks) that: (i) for reasons affecting the market in ECU generally, ECU are not freely available in the International Interbank Market; (ii) the ECU has ceased to be utilised as the basic accounting unit of the European Union; (iii) the ECU has ceased to be used in the European Monetary System; or (iv) it is illegal, impossible or impracticable for payments to be made hereunder in ECU, then the Agent may, in its discretion, but after consultation with the Borrower and the Banks, declare (such declaration to be binding on all the parties hereto) that the repayment of any Advance denominated in ECU and any payment of interest thereon that is due and unpaid at the time of, or becomes due after, such declaration shall be made in a specified component currency, in which case the amount so to be paid in such component currency shall be computed on the basis of the equivalent of the ECU in such component currency determined in accordance with the provisions of the Fifth Schedule. 22.3 23.2 CURRENCY INDEMNITY If any sum due from either Obligor under any of the Obligors under this Agreement Facility Documents or any order or judgment judgement given or made in relation hereto has to be converted from the currency (the "first currency'FIRST CURRENCY") in which the same is payable hereunder or under such order or judgment judgement into another currency (the "second currencySECOND CURRENCY") for the purpose of (ia) making or filing a claim or proof against such Obligor, (iib) obtaining an order or judgment judgement in any court or other tribunal or (iiic) enforcing any order or judgment judgement given or made in relation hereto, the Borrower shall indemnify and hold harmless each of the persons to whom such sum is due from and against any loss suffered as a result of any discrepancy between (ai) the rate of exchange used for such purpose to convert the sum in question from the first currency into the second currency and (bii) the rate or rates of exchange at which such person may in the ordinary course of business purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgmentjudgement, claim or proof.

Currency of Account and Payment. 22.1 19.1 CURRENCY OF ACCOUNT The dollar is the currency of account and payment for each and every sum at any time due from either any of the Obligors hereunder Provided that: (ia) each repayment of an Advance or a part thereof shall be made in the currency in which such Advance is denominated at the time of that repayment; (iib) each payment of interest shall be made in the currency in which the sum in respect of which such interest is payable is denominated; (iiic) each payment in respect of costs and expenses shall be made in the currency in which the same were incurred; (ivd) each payment pursuant to Clause 11.2 9.2 (TAX INDEMNITY) or Clause 13.1 11.1 (INCREASED COSTS) shall be made in the currency in which such cost is incurred as specified by the party claiming thereunder; and (ve) any amount expressed to be payable in a currency other than dollars shall be paid in that other currency. 22.2 If the Agent at any time determines (after consultation with the Reference Banks and the Banks) that: (i) for reasons affecting the market in ECU generally, ECU are not freely available in the International Interbank Market; (ii) the ECU has ceased to be utilised as the basic accounting unit of the European Union; (iii) the ECU has ceased to be used in the European Monetary System; or (iv) it is illegal, impossible or impracticable for payments to be made hereunder in ECU, then the Agent may, in its discretion, but after consultation with the Borrower and the Banks, declare (such declaration to be binding on all the parties hereto) that the repayment of any Advance denominated in ECU and any payment of interest thereon that is due and unpaid at the time of, or becomes due after, such declaration shall be made in a specified component currency, in which case the amount so to be paid in such component currency shall be computed on the basis of the equivalent of the ECU in such component currency determined in accordance with the provisions of the Fifth Schedule. 22.3 19.2 CURRENCY INDEMNITY If any sum due from either any of the Obligors under this Agreement or any order or judgment given or made in relation hereto has to be converted from the currency (the "first currency'FIRST CURRENCY") in which the same is payable hereunder or under such order or judgment into another currency (the "second currencySECOND CURRENCY") for the purpose of (ia) making or filing a claim or proof against such Obligor, (iib) obtaining an order or judgment in any court or other tribunal or (iiic) enforcing any order or judgment given or made in relation hereto, the Borrower such Obligor shall indemnify and hold harmless each of the persons Banks and the Agent to whom such sum is due from and against any loss suffered or incurred as a result of any discrepancy between (ai) the rate of exchange used for such purpose to convert the sum in question from the first currency into the second currency and (bii) the rate or rates of exchange at which such person Bank or the Agent (as the case may be) may in the ordinary course of business (and acting reasonably) purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proofproof Provided that, where any such discrepancy results in any of the Banks and the Agent receiving an amount greater than the sum converted for the purposes referred to in this Clause, the Banks and the Agent shall at the cost and expense of the Guarantor pay an amount equal to such excess to the relevant Obligor provided further that the amount to be paid by the relevant Bank or Agent shall not exceed an amount which would leave such Bank or Agent in no worse position than if such conversion had not been made.